N.Y. Crim. Proc. Law § 280.20

§ 280.20 Motion for mistrial; status of indictment upon new trial.\n Upon a new trial resulting from an order declaring a mistrial, the\nindictment is deemed to contain all the counts which it contained at the\ntime the previous trial was commenced, regardless of whether any count\nwas thereafter dismissed by the court prior to the mistrial order.\n